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219 WASHINGTON STREET - BUILDING INSPECTION � a � � t,�J�sti;��,���, st��-� �_ _ _ _� . .---r--�--� . . ti O OVA A 0 CORPORATE ENVIRONMENTAL ADVISORS,INC. Consultants I Engineers Contractors September 20, 2012 Thomas J. St. Pierre, Inspectional Services Director City of Salem Inspectional Services (Building Department/Public Property) 120 Washington Street, 3`d Floor Salem, Massachusetts 01970 RE: Notice of Activity and Use Limitation Commercial Property 219 Washington Street Salem, MA MADEP RTN: 3-28079 CEA Ref. 6604-07 Dear Mr. Ramdin, The purpose of this letter is to inform you that on August 21, 2012, a Notice of Activity and Use Limitation (AUL) was recorded for the 219 Washington Street property in Salem, Massachusetts with the Southern Essex Registry of Deeds in Book 31639, Page 626, and is attached for your records. Also attached is a copy of the AUL legal notice to be published in the September 21, 2012 edition of the Salem News. The AUL affects the portion of the property which includes the commercial building. The AUL applies to the northern portion of the building which is occupied by a laundromat (currently not in service) and the abutting office to the south which is occupied by a One Rate Wireless LLC retail outlet. The 219 Washington Street property is owned by Dodge Area LLC. The AUL identifies certain activities and uses that are inconsistent with maintaining a condition of No Significant Risk (NSR) at the subject property. Such activities and uses are so identified in order to prevent exposures to oil and/or hazardous material (OHM)-impacted indoor air and/or soil on the subject property. The AUL identifies those activities and uses which are inconsistent with maintaining a condition of NSR of harm to human health and those obligations and conditions necessary to ensure that a condition of NSR exists at the property for the current and foreseeable future use conditions. This public notification is being provided pursuant to the Massachusetts Contingency Plan 310 CMR 40.0000. If you In v any questions regarding this submittal, please do not hesitate to call our office at(508) 835- 2 . Sine e y, / Sco E. VanderSea, LS , LEP Principal Hydrogeologist 4Page 2 Public Notice of AUL 219 Washington Street September 2012 Salem,Massachusetts Enc: Notice of Activity and Use Limitation Legal Notice for AUL cc. MassDEP, Bureau of Waste Site Cleanup, Northeast Regional Office, 205B Lowell Street, Wilmington, MA 01887 CEA File No. 6604-07 I� `� c � IIIB�I�If�IlNllll''ryN pn 1012081100113 8k 31'I839 P9626 00/21/2012 10:11 NOTC WL Pg ,,,6 Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Commercial Pronertv. 219 Washingtgn Street Salem Massachusetts DEP Release Tracking No.. 3 28079 This Notice of Activity and Use Limitation ("Notice") is made as of this of 2012, by Dodge Area LLC. 17 Ivaloo Street Suite 100 Somerville MA 021�13--,together with his/her/its/thetr successors and assigns(collectively "Owner"). WITNESSETH: WHEREAS,Dodge Area LLC (Name of Owner(s)), is the owner(s)in fee simple of those certain parcel(s)of land located in Salem(Town/City),Essex County Massachusetts with the buildings and improvements thereon,pursuant to a deed recorded with the Southern Essex Distri r Registry of Deeds in Book 27889 Pag_59; WHEREAS,said parcel(s)of land,which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof("Property")is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Southern Essex District Registry of Deeds in Plan Book 2756 Page 445; WHEREAS,the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS,one or more response actions have been selected for the Disposal Site in accordance with M.G.L.c.21E("Chapter 21E")and the Massachusetts Contingency Plan,310 CMR 40.0000("MCP"). Said response actions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil and/or indoor air and/or (b) the restriction of certain activities occurring in,on,through,over or under the Property. The basis for such restrictions isse hereof); t forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated Aueust 8. 2012, (which is attached hereto as Exhibit C and made a part NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: I. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk (NSR)to health, safety,public welfare or the environment exists for any foreseeable period of time(pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur within the AUL area: i. Activities and uses including,but not limited to, vehicular parking,pedestrian and vehicular traffic,which do not result in the disturbance of soil beneath the pavement and/or below ground in unpaved areas. Continuous asphalt pavement,or concrete coverage(building footprint),or landscaped areas with clean soil greater than three feet thick is necessary for the purposes of this AUL; ii. Activities and uses including commercial and industrial uses of the property; iii. Activities and uses including residential uses, if the residences are multifamily apartments or condominiums (e.g., multi-family residences which do not allow cultivation of fruits or vegetables for human consumption or contact with accessible soils[e.g.,soils less than 3 feet below grade in unpaved areas]),and provided these multi-family apartments orcondominiums involve new buildings constructed with a sub-slab depressurization(SSD)system and/or vapor barrier,and the fust level of such building is for commercial uses,only; iv. Excavation associated with underground utility and/or construction work,provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and (ii) of this Notice; and involves the repair and/or replacement(if applicable)of the pavement or security fence with a comparable barrier immediately following the completion of the project; v. Activities and uses which are not identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk; vi. Such other activities and uses which,in the Opinion of an LSP,shall present no greater risk of harm to health,safety,public welfare,or the environment than the activities and uses set forth in this paragraph; and vii. Such other activities and uses not identified in Paragraph 2(below)as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation,and which,if implemented at the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: i. Use of the existing commercial building for purposes other than commercial and/or industrial use; ii. Activities and/or uses which are likely to involve the removal and/or disturbance of the impacted soil located beneath the pavement or clean landscaped soil, and/or otherwise on the property without prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and (ii) of this Notice; iii. Excavation or relocation of impacted soil from beneath the pavement or clean landscaped soil unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk; iv. Construction of any new buildings forresidential uses that do not involve multi-family apartments or condominiums,where the fust level is not restricted to commercial use and a SSD System and/or vapor barrier is not installed to eliminate all potential vapor intrusion of subsurface OHM; educational purposes involving a school or daycare;v. Activities and/or uses of the property for agricultural or recreational purposes or vi. Activities and uses which are identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk; risk of harm to health,safety,public welfare,or the environment than the activivii. Such other activities and uses which,in the Opinion of an LSP,shall present greater uses set forth in this paragraph;and ties and viii. Such other activities and uses not identified in Paragraph 1 (above)as being Activities and Uses Consistent with the AUL. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: i. A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity that is likely to disturb the lead impacted soil located beneath the pavement and/or in unpaved landscaped areas. The Soil Management Plan must be prepared in accordance the guidelines discussed in the Activity and Use Limitation Opinion attached hereto as Exhibit B; ii. A Health and Safety Plan must be prepared and implemented in accordance with the guidelines discussed in the Activity and Use Limitation Opinion attached hereto Exhibit B prior to the commencement of any activity which involves the removal and/or disturbance of the underlying impacted soil; iii. Annual inspections and associated record-keeping activities must be performed to confirm that the pavement and landscaped areas are being properly maintained to prevent exposure(s)to OHM located within the AUL area. iv. Any new building construction at the Site must be conducted in manner which eliminates vapor intrusion of subsurface OHM. Elimination of vapor intrusion of subsurface OHM requires that future building construction include: a. Construction of a slab-on-grade building that includes a vapor barrier system and/or an active or inactive (passive) subslab depressurization system (SSD). In this instance,actions must be taken to ensure that the vapor barrier and SSD remain intact and operational to the degree necessary to mitigate vapor intrusion Of subsurface OHM. In the event that an active SSD system is installed at the Site the followmg Obhgatrons and Cond�nons appiv: — i. Following building construction, the indoor air in the building shall be sampled while the active SSD is shut off and analyzed for site-related VOCs. This work shall be conducted under the supervision of a Licensed Site Professional (LSP). The presence of site-related VOCs in indoor air that are determined to be the result of vapor intrusion requires Notification to the MassDEP and subsequent response actions,as required,under M.G.L.chapter 21 E and the MCP;and ii. Following the initial indoor air sampling and analysis that does not indicate the presence of site-related VOCs, indoor air shall be sampled and analyzed twice a year for a two year period.This work shall be conducted under the supervision of a LSP.The presence of site-related VOCs in indoor air that are determined to be the result of vapor intrusion requires Notification to the MassDEP and subsequent response actions,as required,under M.G.L.chapter 21 E and the MCP; iii. The vapor barrier system shall be kept intact. The active SSD system shall be operated continuously, except during the indoor air sampling events specified in ii. In the event that a 2agive SSD system is installed at the Site the following Obligations and Conditions apply: i. indoor air sampling to evaluate the passive measures should be performed at a frequency commensurate with the contaminant concentrations and temporal variability sufficient to ensure their effective performance and integrity. 4. I'ronosed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion,in accordance with 310 CMR 40.1080 er seq.,as to whether the proposed changes will present a significant risk of harm to health, safety,public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a RM n Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the priorevaluation by an LSP in accordance with 310 CMR 40.1080 et seq.,and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities,uses,and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds Mortgage& Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements,mortgages,leases,licenses,occupancy agreements or any other instrument of transfer,whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice,said Notice to become effective when executed under seal by the undersigned LSP, Registration Office. and recorded and/or registered with the appropriate Registry of Deeds and/or Land WITNESS the execution hereof undersea] this tday og&—.441 2012. ex Dodge Area LLC,17 I all o Street,Suite 100,Someville,Representative >Somerville,MA COMMONWEALTH OF MASSACHUSETTS ss �,,n,..�. 1"�--, 2012 On this OL day of , 2012, before me, the undersigned notary public, personally appeared Mr.Ale_ x St_ e,_„fie A proved to me through satisfactory evidence of identification,which were X4&__4 4W , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. as Owner's Representative for Dodge Area LLC 17 Ivaloo Street Salem MA V (official signature and seal of notary) OBADIAH J.gpTHUp UU� CCMMOHN'FA�Lh10FPublic ` , ,.. - III My Commlaslon�SgCHU&Et7g Mm�,aoli`Puen The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion (attached hereto as Exhibit C) and AUL Opinion Form (attached hereto as Exhibit D) made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: Scott VanderSea L) arty" E VANp9ttiEA No.SIM COMMONWEALTH OF MASSACHUSETTS 0Y -Va,{ss &gjLF2012 On this 9 day of ,x'2012, before me, the undersigned notary public, personally appeared Scott VanderSea, proved to me through satisfactory evidence of identification, which were W A L i L�„s e , to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. as Licensed Site Professional for Corporate Environmental Advisors Inc., the Environmental Consultant. ,1221aL4-4 v`a 1+ (official signature and seal of notary) 11 Upon recordine return to: Matt Picarsic �mum' RCG LLC 171valoo Street,Suite 100 Somerville,MA 02143 EXHMIT A METES AND BOUNDS DESCRIPTION Commercial Property 219 Washington Street,Salem,MA MassDEP RTN 3-28079 A portion of certain parcel of land situated at 219 Washington Street, in the City of Salem,Essex County, Massachusetts, with the buildings and improvements thereon,shown on a plan of land entitled, "Land of Wm.S.McIntire",dated May, 1924,and recorded at the Southern Essex County Registry of Deeds on February 25, 1928, in Plan Book 2756. Page 445. The parcel is bounded as described in the Quitclaim Deed for the land and buildings thereon known as 219 Washington Street, Salem,Essex County,Massachusetts,dated June 30, 2008,and recorded at the Southern Essex County Registry of Deeds in Plan Book 27889.page 59, as follows: Beginning at a point on Washington Street at the junction of these herein described premises with land formerly of Frankland,now or formerly of Pedrick, and thence running: SOUTHERLY: along said Washington Street about ninety-three(93)feet, thence turning and running; SOUTHEASTERLY: by land now or formerly of Bouchard to the middle line of the discontinued private way referred to in Essex South District Registry of Deeds in Book 2335, Page 137, about nineteen(19) feet; thence turning and running; NORTHEASTERLY: by the middle line of the aforesaid private way along said land now or formerly of Pedrick about one hundred five (105)feet to land formerly of Pedrick; thence turning and running; WESTERLY: along said land of Pedrick about sixty-two(62)feet to the point of beginning. N/F J PEDRICK I � I I PAVED PAVED PARKNG LGi i AREA 1 � 1 I 1 PEDRRICK i PAVED PARKING AREA i � WMMERCNL � r EXISTING BUILDING BI2LDMG ' 219 WASHINGTON STREET `�� ` I � EXTENT OF AUL AREAi eoucl nRD 1 ------------- 92.61 ----- ---------- SIDEWALK 9DEWU EDGE DF PAVEMENT WASHINGTON ST. SCALE o ao FT. OPPRDK.) g219MM MVA ENVIRONMENTALORS, INC.UK -fin%Rwmm L Sr. WAMU K M4M 6n K KM6 dos I/W 66D4-wF AUL AREARE MOMEM SGUIN DISTRICT REOffM DF DEEDS, DEED BK. 27668 PAGE 66.1E PIAN , DISTI 46KOM DF Dom• MMDRD BDDK 2766 PADS 416, PLAN YEAR EXHIBR B Page 1 of I Monday,June)],2012 11:30:4 AM Plan Baah/Pege:1928/05 a.a4. stir L5 nfi0op q t I1 109x 001leuah i C y F� tm. ;.._.. i dl F 3IFJ Had An B A l; Nxy is r ~� httP://www•salemdeeds.com/newwebsite/PlanDisplay.aspx?type=PID&sre=plbp&book=2... 6/11/2012 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION Commercial Property 219 Washington Street Salem,Massachusetts MADEP RTN 3-28079 August 2012 In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation Opinion has been prepared to support the Notice of Activity and Use Limitation(AUL) executed for a portion of the property located at 219 Washington Street in Salem, Massachusetts. At the time of the recording of the AUL, the subject property is zoned for commercial use. As illustrated by Exhibit B attached hereto, the northwest portion of the subject property includes a commercial building, the northern portion of which is occupied by a laundromat(currently not in service) which abuts a One Rate Wireless LLC retail outlet to the south. The AUL applies to the portion of the commercial building which includes the laundromat and the retail establihsment. A legal metes and bounds description of the AUL area is provided in Exhibit A. A Sketch Plan showing the boundaries of the area subject to the AUL in relation to the property boundary is provided as Exhibit B. Site Description The Site is located in a commercial and residential area of Salem, Massachusetts. The Site is abutted by Washington Street to the west beyond which lies a town parking area,Dodge Street to the north beyond which lies commercial establishments, Dodge Street Court to the east beyond which lies a restaurant, and commercial properties to the south. The Site is occupied by one (1) single-story commercial building which covers most of the property. The northern portion of the onsite commercial building is occupied by a laundromat (not currently in service)which abuts a One Rate Wireless LLC retail outlet(formerly a Verizon retail outlet and previously an architectural engineering office) to the south. The building is surrounded by parking areas to the north and east and includes a full basement(portions of which lie beneath the laundromat and the current retail outlet). The basement has a cement floor with no floor drains, but does contain an active sump and pump, and possibly a former sump. The northern portion of the basement was previously used to store laundering equipment and materials for the laundromat. The southern portion of the basement was previously used to store files and office furniture for the former architectural firm. There are no dry cleaning activities known to be occurring at the Site. There are no chemicals currently stored onsite other than office cleaning fluids. Two fuel oil aboveground storage tanks (ASTs) are located in the northeastern portion of the basement and one fuel oil AST is located in the southern portion of the basement. The ASTs are not in service and the building is heated by natural gas. Prior chemicals used or stored onsite may have included paints or chlorinated solvents(indicated based on the discovery of CVOCs beneath the onsite building). AUL Opinion Page 2 219 Washington Street August 2012 Salem.MA No specific information regarding historical chemical usage and storage is available and no waste material handling is known to be occurring at this time.The commercial building is connected to town water and town sewer system. The subject property is currently owned and operated by Dodge Area LLC. The property was purchased by Dodge Area LLC from Deborah D'Allesandro on June 30, 2008. According to Sanborn maps, the property was historically occupied by two buildings. Prior uses of the property included that of a paint and oils dealer and feed dealer(1890), a paint dealer, an electric motor sales/service dealer, a carpenter service dealer, steam launderer and a leather dealer (1906), and a printing company(1950 and 1957). During groundwater gauging activities conducted at the Site on July 13, 2011, depth to water beneath the basement floor ranged from 3.29 feet below grade at MW-2 to 4.33 below grade at MW-3. Depth to groundwater measured in monitoring wells located outside the building ranged from 8.11 feet below grade at MW-8 to 11.37 feet below grade at MW-202. Based on the monitoring well gauging data, the groundwater flow direction at the Site is to the west. The Site is not located within an Interim Wellhead Protection Area (IWPA), Approved Zone 2, Zone A of a Class A Surface Water Body, or within a Potential Drinking Water Source Area (PDWSA). There are no known private drinking water supply wells located within 500 feet of the Site. The Site is supplied with municipal water by the City of Salem. Residential condominiums are located approximately 200 feet south and southeast of the Site. There are no schools or daycares within 500 feet of the Site. The closest surface water body to the Site is a portion of the Salem Harbor located approximately 800 feet east of the Site. Two (2) areas of Protected Open Space are located at distances of approximately 500 feet to the southeast and to the west of the Site. Additional areas of Protected Open Space lie within one-half mile of the Site to the northeast, east, southeast, and west. According to the Natural Heritage and Endangered Species (NHESP) Map (2006), there are no Priority Habitats of Rare Species, Estimated Habitats of Rare Wildlife or Certified Vernal Pools located within a one-half mile radius of the Site. Site History On January 16, 2008, one (1) soil boring was advanced within the basement of the commercial building located on the subject property and completed as monitoring well MW-1. One soil sample was collected from the boring and submitted to Spectrum for analysis of VOCs via USEPA methods. The analytical results revealed one chlorinated VOC (c-1,2-DCE) in the soil sample at a concentration of 6.2 mg/kg, above the applicable MCP RCS-1 RC of 0.3 mg/kg. Additionally, one groundwater sample collected from MW-1 revealed vinyl chloride in the sample at a concentration of 12 ug/I, above the MCP RCGW-2 RC of 2 ug/I. The above exceedances of the MCP soil and groundwater RCs constituted a 120-day reporting condition at the Site,pursuant to 310 CMR 40.0332(3). On February 11, 2008, CEA completed an ASTM Phase I Environmental Site Assessment report for the subject property, on behalf of RCG LLC. According to the ASTM Phase I ESA report, no RECs were encountered during the Phase I ESA. However, based on the past usage of the subject property as a laundry service and leather dealer (and use of the surrounding area as a AUL Opinion Page 3 219 Washington Street August 2012 Salem.MA foundry), CEA recommended sampling and analysis of soil and groundwater beneath the building. The ASTM Phase I ESA was conducted as part of a property transfer. Between February 5 and March 10, 2008, five (5) additional soil borings were advanced beneath the building to further evaluate the presence of CVOCs beneath the building. The borings were completed as monitoring wells MW-2 through MW-6. On April 14, 2008, two soil additional borings were advanced west of the onsite building and completed as 2-inch diameter monitoring wells MW-201 and MW-202. In July 7, 2008, Dodge Area LLC took ownership of the property from RCG LLC. On October 13, 2008, a Release Notification Form (RNF) was submitted to MADEP by CEA, on behalf of Dodge Area LLC. The RNF was submitted to MADEP to address the 120-day reporting condition resulting from the detection of CVOCs in soil and groundwater above the applicable RCS-1 and RCGW-2 RCs. On January 21, 2009, a RAM Plan was submitted to MADEP by CEA, on behalf of Dodge Area LLC. for the purpose of installing a soil vapor extraction (SVE) remedial system at the Site. The purpose of the SVE system was to recover CVOC-impacted soil gas from beneath the concrete floor of the building, as needed to mitigate a possible VI pathway. On February 3 and 4, 2009, the SVE system was installed at the Site utilizing the existing monitoring wells installed beneath the basement floor. Between February 4 and 11, 2009, the SVE system was temporarily placed into operation at the Site to evaluate system performance. On February 12,2009,the SVE system was placed into full operation at the Site. On April 30, 2009, the SVE system was temporarily shutdown to allow for sampling and analysis of the soil gas probes installed beneath the basement floor under static conditions. On May 27, 2009, the first RAM Status Report was submitted to MADEP by CEA, on behalf of Dodge Area LLC. On June 30, 2009,the SVE system was placed back into operation at the Site. On July 27, 2009, the SVE system was again temporarily shutdown to allow for the assessment of soil gas and indoor air quality inside the building under static conditions. On August 4, 2009, soil gas and indoor air sampling of the laundromat and current retail outlet was conducted at the Site. On September 25, 2009, a Phase I Initial Site Investigation and Tier Classification report were submitted to MADEP by CEA, on behalf of Dodge Area LLC. The Phase I Report concluded that CVOCs were present in the indoor air of the laundromat and engineering office and further assessment was required to determine the nature and extent of the CVOC impacts. The Site was classified as a Tier H Disposal Site receiving a Numerical Ranking System (NRS) Scoresheet total score of 238. On November 1, 2009, the SVE system was placed back into operation at the Site. On November 24, 2009,the second RAM Status Report was submitted to MADEP by CEA,on behalf of Dodge Area LLC. The SVE system was again shutdown on April 22, 2010 to evaluate soil gas and indoor air quality within the basement and first floor of the building under static conditions. On January 27, 2010, the SVE system was expanded to include three (3) additional 2-inch diameter PVC soil vapor extraction probes (SVE-1, SVE-2 and SVE-3). The SVE-probes were constructed with 2-foot PVC screen sections set beneath the cement floor of the basement. AUL Opinion Page 4 219 Washington Street August 2012 Salem.MA On June 8, 2010, the third RAM Status Report was submitted to MADEP by CEA, on behalf of Dodge Area LLC. On September 9, 2010, CEA personnel installed a total of twenty five (25) temporary soil gas sampling probes through the cement floor of the basement. CEA then conducted soil gas screening of the 25 vapor probes in a further effort to identify possible sources of CVOCs beneath the building. During the screening event, elevated PID readings were measured in three soil vapor probes located in the northwest corner of the basement suggesting the possible existence of a source of CVOCs in that area. On October 13, 2010, the SVE system was expanded to incorporate two additional 2-inch diameter soil vapor extraction probes (RW-1 and RW-B) installed within the newly-discovered possible source area identified during the September 9, 2010 soil gas screening event. The probes were installed to depths up to 3 feet below grade and constructed with one (I)-foot PVC screen sections set beneath the cement floor of the basement. The SVE system was restarted on that same date. On December 20, 2010, the fourth RAM Status Report was submitted to MADEP by CEA,on behalf of Dodge Area LLC. On February 4, 2011, the SVE system was shut down to evaluate soil gas quality beneath the building and indoor air quality within the first floor and basement of the building under static conditions. On February 15, 2011, indoor air sampling conducted of the commercial building revealed a substantial decline in the concentration of PCE reported in the laundromat (in comparison to the prior sampling event conducted in July 2010). However, based on indoor sampling conducted on April 13, 2011, evidence of rebound for PCE was observed in the indoor air sample collected from the laundromat on that date. On September 12, 2011, indoor air sampling was again conducted within the commercial building to assess indoor air quality. The results indicated that PCE had declined to below the concentration reported in the laundromat on April 13, 2011. However, the September 2011 results were still higher than those reported during a number of previous indoor air sampling events conducted at the Site. Based on these results, on October 26, 2011, the SVE system was placed back into operation at the Site. On November 7, 2011, the fourth RAM Status Report was submitted to MADEP by CEA, on behalf of Dodge Area LLC. As part of the Status Report, a notice was provided to the MADEP indicating a delay in meeting the deadline for a Phase Il Comprehensive Site Assessment(CSA) report and Phase III Remedial Action Plan (RAP). According to the status report, the response actions had resulted in an overall reduction of the initial PCE concentrations detected in subsurface soil gas in 2008. On February 14, 2012, the SVE system was shut down to evaluate soil gas quality beneath the building and indoor air quality within the first floor and basement of the building under static conditions. On April 26, 2012, soil gas and indoor air sampling was conducted at the Site and the results revealed that CVOCs had declined substantially at all soil gas and indoor air sampling locations. Based on these results, it was concluded that a permanent reduction in the concentrations of CVOCs in soil gas and indoor air had been achieved at the Site, and that a current and future condition of No Significant Risk (NSR) exists at the Site contingent upon the execution of an Activity and Use Limitation (AUL)for the property. AUL Opinion Page 5 219 Washington Street August 2012 Salem.MA Reason for Activity and Use Limitation A Method 3 Risk Characterization (Method 3) was prepared to characterize risks posed by the levels of OHM present at the 219 Washington Street property in Salem under current and future conditions, and also to determine whether the Site poses a condition of No Significant Risk to health, safety, public welfare and the environment, with the assumption that an Activity and Use Limitation (AUL) would be executed for the subject property. The Method 3 assumed that the primary purpose of the AUL was to restrict: (1) use of the existing commercial building for purposes other than commercial and/or industrial use; and (2) construction of any new buildings for residential uses that do not involve multi-family apartments or condominiums, where the first level is not restricted to commercial use and a sub-slab depressurization (SSD) system and/or vapor barrier is not installed to eliminate all potential vapor intrusion (VI) of subsurface OHM. In light of the above-listed assumptions, the Method 3 did not evaluate exposures associated with the aformentioned site conditions. The above-listed site uses were determined to warrant restriction due to the fact that site assessment activities had revealed that a vapor intrusion pathway had been present beneath the existing building which warranted the imposition of restrictions on current and future use of the building. Permitted Uses and Activities This AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare, or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000)so long as any of the following activities and uses occur on the property: i. Activities and uses including, but not limited to, vehicular parking, pedestrian and vehicular traffic, which do not result in the disturbance of soil beneath the pavement and/or below ground in unpaved areas. Continuous asphalt pavement, or concrete coverage (building footprint), or landscaped areas with clean soil greater than three feet thick is necessary for the purposes of this AUL; ii. Activities and uses including commercial and industrial uses of the property; iii. Activities and uses including residential uses, if the residences are multifamily apartments or condominiums (e.g., multi-family residences which do not allow cultivation of fruits or vegetables for human consumption or contact with accessible soils [e.g., soils less than 3 feet below grade in unpaved areas]), and provided these multi-family apartments or condominiums involve new buildings constructed with a sub-slab depressurization (SSD) system and/or vapor barrier, and the first level of such building is for commercial uses, only; iv. Excavation associated with underground utility and/or construction work, provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and (ii) of this Notice; and involves the repair and/or replacement (if applicable) of the pavement or security fence with a comparable barrier immediately following the completion of the project; v. Activities and uses which are not identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk; AUL Opinion Page 6 219 Washington Street August 2012 Salem-MA vi. Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph;and vii. Such other activities and uses not identified in Paragraph 2 (below) as being Activities and Uses Inconsistent with the AUL. Restricted Uses and Activities Activities and uses which, if implemented at the property, may result in significant risk of harm to human health, safety, public welfare, or the environment or in a substantial hazard, are as follows: i. Use of the existing commercial building for purposes other than commercial and/or industrial use; ii. Activities and/or uses which are likely to involve the removal and/or disturbance of the impacted soil located beneath the pavement or clean landscaped soil, and/or otherwise on the property without prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i) and(ii)of this Notice; iii. Excavation or relocation of impacted soil from beneath the pavement or clean landscaped soil unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk; iv. Construction of any new buildings for residential uses that do not involve multi-family apartments or condominiums, where the first level is not restricted to commercial use and a SSD System and/or vapor barrier is not installed to eliminate all potential vapor intrusion of subsurface OHM; v. Activities and/or uses of the property for agricultural or recreational purposes or educational purposes involving a school or daycare; vi. Activities and uses which are identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk; vii. Such other activities and uses which, in the Opinion of an LSP, shall present greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph;and viii. Such other activities and uses not identified in Paragraph 1 (above) as being Activities and Uses Consistent with the AUL. Obligations and Conditions Obligations and/or conditions to be undertaken and/or maintained at the property to maintain a condition of No Significant Risk shall include the following: i. A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity that is likely to disturb the lead impacted soil located beneath the pavement and/or in unpaved landscaped areas. The Soil Management Plan must be prepared in accordance the guidelines discussed herein. i AUL Opinion Page 7 • 219 Washington Street August 2012 Salem,MA ii. A Health and Safety Plan must be prepared and implemented in accordance with the guidelines discussed in the Activity and Use Limitation Opinion attached hereto Exhibit B prior to the commencement of any activity which involves the removal and/or disturbance of the underlying impacted soil; iii. Annual inspections and associated record-keeping activities must be performed to confirm that the pavement and landscaped areas are being properly maintained to prevent exposure(s)to OHM located within the AUL area. iv. Any new building construction at the Site must be conducted in manner which eliminates vapor intrusion of subsurface OHM. Elimination of vapor intrusion of subsurface OHM requires that future building construction include: a. Construction of a slab-on-grade building that includes a vapor barrier system and/or an active or inactive (passive) subslab depressurization system (SSD). In this instance, actions must be taken to ensure that the vapor barrier and SSD remain intact and operational to the degree necessary to mitigate vapor intrusion of subsurface OHM. In the event that an active SSD system is installed at the Site the following Obligations and Conditions apply: I. Following building construction, the indoor air in the building shall be sampled while the active SSD is shut off and analyzed for site-related VOCs. This work shall be conducted under the supervision of a Licensed Site Professional (LSP). The presence of site-related VOCs in indoor air that are determined to be the result of vapor intrusion requires Notification to the MassDEP and subsequent response actions, as required, under M.G. L.chapter 21 E and the MCP; and 2. Following the initial indoor air sampling and analysis that does not indicate the presence of site-related VOCs,indoor air shall be sampled and analyzed twice a year for a two year period. This work shall be conducted under the supervision of a LSP. The presence of site-related VOCs in indoor air that are determined to be the result of vapor intrusion requires Notification to the MassDEP and subsequent response actions, as required, under M.G.L. chapter 21 E and the MCP; 3. The vapor barrier system shall be kept intact. The active SSD system shall be operated continuously,except during the indoor air sampling events specified in ii. In the event that a passive SSD system is installed at the Site the following Obligations and Conditions apply: 1. Indoor air sampling to evaluate the passive measures should be performed at a frequency commensurate with the contaminant concentrations and temporal variability sufficient to ensure their effective performance and integrity. AUL Opinion Page 8 ' August 2012 219 Washington Street A Please contact the undersigned with any questions related to the AUL Opinion or attached documents. Sincere OF Scott . Vander4LS .3978 Seal; scm't E VAMOERSEA No.3978 Date: bl a0t 9FNo.3978 s� • Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY$USE LIMITATION (AUL)OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 28079 A DISPOSAL SITE LOCATION: 1. Disposal Site Name: DODGE AREA LLC 2. Street Address: 219 WASHINGTON ST 3. CltylTown: ISALEM 4. ZIP Code: 01970.0000 B. THIS FORM 6 BEING USED TO: (check one) © 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes In Land Uses/Activides andfor Site Conditions after a Response ❑ Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4). 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). ❑ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). ❑ e. Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, a8 sections of this form(BWSC113A)must be completely filled out, printed, stamped,signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds andfor Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? Q a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: 3. Cltyrrown: 4. ZIP Code: Revised:06/27/2003 Page 1 of 2 • Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY&USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) [3 - 28079 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal farm, Including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(1)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,Information and belief, > If Section B Indicates that a Notice ofActivily and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(1)is being provided In accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(II)complies with 310 CMR 40.1074; > If Section B Indicates that an Evaluation of Changes In Land Uses/Activides and/or Site Conditions aver a Response Action Outcome Statement is being submitted,this evaluation was developed In accordance with the applicable provisions of M.G.L.c. 21E and 310 CMR 40.0000 and(II)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice ofActivity and Use Umliation orAmendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > If Section B Indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation,or a Release or Partial Release of a Grant of Environmental Restriction Is being registered and/or recorded,the Activity and Use Limitation that Is the subject of this submittal(1)is being provided In accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and fill complies with 310 CMR 40.1083: > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(1)Is being provided In accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(II)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Umftation Is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(Ii)complies with 310 CMR 40.1085(4); 1 am aware that significant penalties may result,including,but not limited to,possible Ones and imprisonment,If 1 submit Information which 1 know to be false.Inaccurate or materially incomplete. 1. LSP#: 3878 2. First Name: ISCOTT E 3. Last Name: YANDERSEA 4. Telephone: (5011)835.8822 5. Ext.: 6. FAX: �- 7. Signature: 0. Date: Qty 9. LSP Stamp: m SH ur E. �' SC01T o VAN ERSFA No.3878 .pFOf�wo °v Revised:06/27/2003 Page 2 of 2 • LEGAL NOTICE NOTICE OF ACTIVITY AND USE LIMITATION 219 Washington Street Salem, Massachusetts MassDEP RTN 3-28079 A release of oil and/or hazardous materials has occurred at this location, which is a disposal site as defined by M.G.L. c. 21 E, § 2 and the Massachusetts Contingency Plan, 310 CMR 40.0000. On August 21, 2012, Alex Steinberg of Dodge Area LLC recorded with the Southern Essex District Registry of Deeds a Notice of Activity and Use Limitation on a portion of the 219 Washington Street property, pursuant to 310 CMR 40.1070 through 40.1080. The Notice of Activity and Use Limitation will restrict the following site activities and uses on the above property: • Use of the existing commercial building for purposes other than commercial and/or industrial use; • Activities and/or uses which are likely to involve the removal and/or disturbance of the impacted soil located beneath the pavement or clean landscaped soil, and/or otherwise on the property without prior development of a Soil Management Plan and a Health and Safety Plan; • Excavation or relocation of impacted soil from beneath the pavement or clean landscaped soil unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk; • Construction of any new buildings for residential uses that do not involve multi- family apartments or condominiums, where the first level is not restricted to commercial use and a SSD System and/or vapor barrier is not installed to eliminate all potential vapor intrusion of subsurface OHM; • Activities and/or uses of the property for agricultural or recreational purposes or educational purposes involving a school or daycare; • Activities and uses which are identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk; • Such other activities and uses which, in the Opinion of an LSP, shall present greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth herein. Any person interested in obtaining additional information about the Notice of Activity and Use Limitation may contact the owner's representative of the property, Alex Steinbergh, Dodge Area LLC, 17 Ivaloo Street, Suite 100, Somerville, MA 02143 (Tel. 617-625- 8315), or Scott E. VanderSea, LSP at Corporate Environmental Advisors, Inc., 127 Hartwell Street, Suite 2, West Boylston, Massachusetts 01583 (Tel. 508-835-8822). The Notice of Activity and Use Limitation and the disposal site file may be reviewed at MassDEP, Northeast Regional Office, 205B Lowell Street, Wilmington, MA 01887, telephone (978) 694-3200 or on-line via the MassDEP electronic File Site Viewer web portal at h_p://Dublic.dep.state.ma.us/fileviewer/Rtn.aspx?rtn=2-0018143. ® I A Consultants [ Engineers Contractors EORPORATE ENVIRONMENTAL ADVISORS,INC Via U.S. Postal Service October 5,2009 Chief Municipal Officer 93 Washington Street Salem, MA 01970 RE: Notice of Availability:Phase I Report/Tier Classification Property at 219 Washington Street Salem,MA MassDEP RTN: 3-28079 CEA 111).#6604-07 To Whom It May Concern: As promulgated within 310 CMR 40.1403(3)(e) of the Massachusetts Contingency Plan,this letter serves as official notification that a Phase I - Initial Site Investigation and Tier II Classification for the referenced site will be filed with the Massachusetts Department of Environmental Protection(MassDEP). A Phase I Report has been prepared following the 120-day Reportable Condition identified in October 2008, and provided to the MassDEP in a Release Notification Form (RNF) dated October]3, 2008 within the 120 days of obtaining knowledge of the reporting condition pursuant to 310 CMR 40.0315(1) of the MCP. Based on available information obtained during assessment activities, the release is related to the historical use of the property as dry cleaning facility in the early 1900s. Based on current site conditions, no 2-hour or 72-hour reporting conditions exist and no IRAs are required. Please contact the undersigned at (508 835-8822) if you wish to obtain a copy of the report. A copy of the Phase I/Tier Classification Report may also be obtained and/or viewed at the MassDEP's Northeast Regional Office located at 205B Lowell Street,Wilmington,Massachusetts 01887. Sincerely, CORPORATE ENVIRONMENTAL ADVISORS,INC. Michael H. Cote Sr. Hydrogeologist/Assistant PM cc: Dodge Area LLC Salem Health Department':. MassDEP Northeast Region ADDRESS 1725 Mendon Road,Suite 208 Cumberland,RI 02864 TEL 401.334.3313 FAX 401,334.3312 WEB www.cea-inc.com i Massachusetts i Connecticut i Rhode Island i New Hampshire